Copyright For Photographing A Sculpture

A photo of a sculpture as a derivative work does not apply to to commercial use of the image. For that, you must have permission from the copyright holder of the object.

I'd meet with the guy, maybe try to come to an agreement about what is fair, and proceed from there. You are profiting from his work, in essence, and he has the right to ask you not to to do that. He also has the right to sue you if you persist without an agreement, even if you've only sold one print.

He's just asking for attribution. By law, he owns the copyright on his work. Your derivative work really needs his license/permission. He's making an easygoing request when he could make a hardball demand. Play nice, and just give him the credit he seeks. He's not asking for money, just a credit. Give it to him along with gracious thanks. You can't have a hot link to his site, but you CAN just put his name, (email?, phone)) and website in the description. Just ask what he wants. You should also ask if you should just take down the photo, if he prefers.

"Regarding your offer to sell the reproductions of images of the sculpture, I am happy to have that discussion. Until then, I ask that you cease and desist any sale of the images."


Sounds to me like he will require a licensing fee for commercial reproduction. He wants credit for non-commercial use, but he's willing to discuss you selling the image commercially. Take the image down or at least remove all the prices so it's not listed for sale until you speak to the guy.

its his artwork, he owns it, you took a picture of it, you took it because it was there. he only wants credit for making the statue. give him the credit. it doesn't sound like he wants money or anything. just credit, give it to him. you can just tell him sorry, i couldn't find the artist at the time but wanted to post it. and done, maybe you'll get a sale from him. this is why i avoid getting statues btw. some will take you to court.


---Mike Savad
MikeSavad.com

Asking because I don't know, but does it matter if the photograph includes the sculpture as a small part of the composition?

Joseph, I think the answer is yes, it can matter if you're reproducing the image for commercial use.

Obviously, I'm not a lawyer. I think if you're concerned you should research the sculpture and see what it's status is, who owns it. That might be a start.

You may not reproduce for commercial purposes , anything copyrighted, that includes sculptures, buildings etc. If in doubt don't do it.

If it is Connecticut Cold Shoulder I can see why the sculptor would ask. I hope you manage to work things out.

What a great conversation....Things all clear and we both made a new friend in the process. He has other work that I didnt realize was his and he said of the hundreds and hundreds of photos of Connecticut I have seen, yours was the best by far....He is hosting us in for a gallery tour in the next month or so and wants to use my photos for some of his work. Nice to see things can end well in this world. Thanks for the input.

That is excellent news. Things can work out for the best of both parties, he sounds like a lovely man.

Would that world always spun in that direction. Very happy with your results.

I wrote to a sculptor about using interpretive art from one of his pieces. He never replied. I wrote 3 times through his website and via email. Not even the courtesy of a "read" receipt, much less an answer.

Your result is much more pleasing.